The Approval Process

Why Is Approval Required?

The Property Relations Between Spouses Law, 1973, Section 2, stipulates that a prenup is not valid without approval from an authorized body. The requirement is designed to protect both parties - to ensure they signed of their own free will, understood the contents of the agreement, and were not pressured.

Before Marriage: Notary

If the agreement is signed before the marriage, approval is given by a notary. A notary is a licensed attorney who has received a notarial license from the Ministry of Justice.

The notary's role:

• Identifying the parties using official identification
• Verifying that each party understands the contents of the agreement
• Verifying that the agreement is signed voluntarily and without coercion
• Reading the key provisions of the agreement to the parties
• Signing and applying the notarial seal

The meeting itself typically lasts 20-40 minutes. The notary reads the agreement (or its key provisions), asks each party separately whether they understand and whether they are signing of their own free will, and then approves the agreement.

After Marriage: Family Court or Rabbinical Court ONLY

If the agreement is signed during the marriage, approval is given exclusively by a Family Court or Rabbinical Court. A notary is not authorized to approve a prenup for a married couple.

The court approval process:

1. Filing a request for approval of a prenuptial agreement
2. Paying the court filing fee (approximately 550 NIS)
3. Both spouses appearing before the judge
4. The judge verifying the agreement is fair and was signed voluntarily
5. The judge approving the agreement by court order

Common-Law Partners

Common-law partners are not required to obtain formal approval of the agreement. Legally, the agreement is valid like any regular civil contract. However, it is strongly recommended to have the agreement certified by a notary even without obligation - notarial certification strengthens the agreement's evidentiary standing and makes it harder for one party to claim in the future that they did not understand its contents.

Required Documents

For notarial certification (before marriage):

• Identity cards of both parties
• Form 3 (notary declaration form)
• The agreement itself - printed in two copies
• Certified translator - if one party does not speak Hebrew

For court approval (during marriage):

• Identity cards
• Marriage certificate
• The agreement itself
• Application for approval of prenuptial agreement (court form)
• Court filing fee

Translator

If one of the spouses does not speak Hebrew, a certified translator is required at the meeting with the notary or judge. The translator must be independent - not a family member and not someone with an interest in the agreement's outcome. The cost of a certified translator is typically 500-1,000 NIS.

How Long Does It Take?

• Notarial certification: an appointment can be scheduled within a few days
• Court approval: several weeks to several months, depending on court workload
• With Noberu: from registration to signing at the notary - approximately two weeks